Bombay High Court
Jaikeshav Mishra vs State Of Maharashtra Through Sion ... on 21 January, 2025
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2025:BHC-AS:3880-DB
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Digitally signed
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
by KANCHAN
KANCHAN VINOD
MAYEKAR
VINOD
MAYEKAR
Date:
2025.01.27
21:07:54
CRIMINAL APPELLATE JURISDICTION
+0530
CRIMINAL WRIT PETITION NO. 476 OF 2025
Jaikeshav Sanjeev Mishra & Ors. ..... Petitioners
VERSUS
The State of Maharashtra & Anr. ..... Respondents
...
Mr. Steve J. Pulikkoden a/w. Mr. Aniket Sawant, Ms. Nidhi Jain,
Ms.Noor Jehan Shaikh for the Petitioners.
Mr. A. A. Palkar, A. P. P. for the State - Respondent No.1.
Mr. Abhishek Kulkarni for the Respondent No.2.
....
CORAM : RAVINDRA V. GHUGE AND
RAJESH S. PATIL, JJ.
DATE : 21st January, 2025
Judgment (Per Ravindra V. Ghuge, J) :-
1. It is said that Civic sense and Civic responsibility is of
paramount importance to maintain peace and tranquility and is the back-
bone of the Rule of Law.
2. Rule. Rule made returnable forthwith and heard finally by
the consent of the parties.
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3. This is a case wherein there are allegations against the
Petitioners (all Accused) of having disturbed public peace and tranquility
while travelling in a double decker sleeper coach in an over night
journey from Mumbai to Chhatrapati Sambhajinagar. Respondent No.2,
a practicing Advocate of the High Court, Bench at Aurangabad was one
of the passengers in the said bus, travelling from Mumbai to Chhatrapati
Sambhajinagar on 26th June, 2018. He is the Complainant/Informant
who has registered FIR No. 219 on 6th September, 2018 with the Mumbai
Police Station at Sion.
4. Considering the order that we are passing by consent of the
parties, we are not recording the entire contents of the FIR in this order.
Suffice it to say that these three Petitioners are alleged to have started a
drinking session (alcohol) after boarding the bus at Sion Circle. The
Complainant had boarded the bus at Carnac Bunder, PMC Bank. They
are alleged to have been in high spirits. The Complainant interacted with
them with the intention of convincing them to lower down their voices
and restrict their chit-chatting unto themselves. It is alleged that after
half of a large bottle was consumed, these three persons had abused the
Complainant in foul and filthy language.
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5. These three persons have now interacted with the
Complainant and it is agreed that the matter would be settled and the FIR
would be quashed by consent. A photostat copy of the Deed of
Compromise dated 20th August, 2024 is at page nos. 171 to 177.
6. The learned Advocate for the Petitioners submits on
instructions that, to show their bonafides and to make their remorse and
regret evident, they are depositing Rs.50,000/- each, in this Court and the
Complainant Respondent No.2 may withdraw the said amount. Such
amount would be deposited by each of them in this Court within 30 days
from today.
7. The learned Advocate for the Petitioners submits on
instructions that the amount of Rs.50,000/- each, would be deposited in
this Court within 30 days from today. These three Petitioners assure that
no such incident would occur in their lives and they would respect co-
passengers and fellow travelers in whichever journey they may
undertake. They express their remorse and regret and say 'Sorry' to the
Complainant who has magnanimously decided to forgive and forget the
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issue.
8. The learned Advocate Shri Kulkarni, representing
Respondent No.2, who is his colleague, and who is assisting the Court,
submits that the Complainant has agreed to close the issue keeping in
view that these Petitioners are well educated persons, two of them are
Architects and one of them is an Engineer. All of them are doing well in
life. Six years have passed by and considering that the criminal trial
would consume even more time and the Petitioners are likely to be
disturbed and their professional careers are likely to be jeopardised, that
he would consent for quashing of the FIR.
9. In view of the above and keeping in view the law laid down
by the Hon'ble Supreme Court in Narinder Singh & Ors. vs. State of
Punjab & Anr., (2014) 6 SCC 466, this Criminal Writ Petition is allowed
in terms of prayer clause (b), which reads as under :-
(b) This Hon'ble Court may call for the records of the
proceedings in the Case No. PW/1357/2019, lying before
the 51st MM Court at Kurla, arising out of C.R No. 219 of
2018 on the files of Sion Police Station, and set
aside/quash the said proceedings;
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10. We direct the Registry that after the amount is deposited,
Respondent No.2 would be at liberty to withdraw the said amount
without conditions.
11. Rule is made absolute in the above terms.
12. List this Petition for recording compliance on 28th February,
2025.
(RAJESH S. PATIL, J.) (RAVINDRA V. GHUGE, J.)
